[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5576 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5576

To amend title 38, United States Code, to make certain improvements in 
 the claims processing of the Department of Veterans Affairs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2008

Mr. Buyer (for himself and Mr. Lamborn) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to make certain improvements in 
 the claims processing of the Department of Veterans Affairs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Claims Backlog Reduction Act 
of 2008''.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 38, 
United States Code.

SEC. 3. ASSISTANCE IN PROVIDING NOTICE AND ASSISTANCE TO CLAIMANTS 
              REQUIRED AS A CONDITION OF RECOGNITION AS AGENT OR 
              ATTORNEY.

    (a) Assistance.--Chapter 59 is amended--
            (1) in section 5902(b)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) unless such individual has certified to the Secretary 
        that the individual will assist the Secretary in complying with 
        the Secretary's obligations under sections 5103(a) and 5103A of 
        this title.''; and
            (2) in section 5903(a)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) such individual has certified to the Secretary that 
        the individual will assist the Secretary in complying with the 
        Secretary's obligations under sections 5103(a) and 5103A of 
        this title.''.
    (b) Training for Recognized Representatives of Organizations.--
Section 5902 is amended by adding at the end the following new 
subsection:
    ``(e) The Secretary shall establish a training program to provide 
training to individuals recognized under this section. Training 
provided pursuant to this subsection shall include a certification.''.
    (c) Treatment of Certain Claims.--
            (1) In general.--Subchapter I of chapter 51 is amended by 
        adding at the end the following new section:
``Sec. 5109C. Treatment of certain claims
    ``(a) Treatment of Fully Developed Claims.--In the case of a claim 
submitted to the Secretary that is certified as fully developed by the 
veteran submitting the claim and by a representative of an organization 
recognized under section 5902 of this title who is a graduate of the 
training academy established under subsection (e) of that section, the 
Secretary shall consider the claim to be fully developed and shall 
evaluate the claim based on the evidence provided.
    ``(b) Presumption Rebuttable.--Where there is affirmative evidence 
that a claim certified as fully developed under subsection (a) is not 
fully developed, the Secretary may take such actions with respect to 
such claim as the Secretary determines are necessary to fully develop 
the claim.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end of 
        the items relating to subchapter I the following new item:

``5109C. Treatment of certain claims.''.

SEC. 4. QUALITY CONTROL ASSESSMENT FOR REGIONAL OFFICES OF VETERANS 
              BENEFITS ADMINISTRATION.

    (a) Establishment of System.--Chapter 7 is amended by adding at the 
end the following new section:
``Sec. 713. Veterans Benefits Administration quality control assessment
    ``(a) Assessment Required.--At least once each fiscal year the 
Secretary shall conduct a quality control assessment of one percent of 
the ratings specialists and veterans service representatives employed 
by the Veterans Benefits Administration. In conducting each such 
assessment, the Secretary shall study a statistically valid sample of 
the employee's work and review the quality of that work.
    ``(b) Annual Report.--Not later than 90 days after the last day of 
a fiscal year, the Secretary shall submit to Congress a report on the 
assessments conducted under this section during that fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``713. Veterans Benefits Administration quality control assessment.''.

SEC. 5. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY 
              SECRETARY OF VETERANS AFFAIRS.

    (a) Electronic Processing of Claims.--Subtitle I of chapter 51, as 
amended by section 251(c), is further amended by adding at the end the 
following new section:
``Sec. 5109D. Electronic processing of claims
    ``(a) System Required.--The Secretary shall carry out a two-year 
pilot program under which the Secretary shall develop and maintain a 
system for processing claims for disability compensation under this 
title using rules-based technology. Such system shall use medical and 
military service data to generate recommendations with respect to 
disability ratings.
    ``(b) Quarterly Reports.--For the period during which the Secretary 
carries out the pilot program under subsection (a), the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives quarterly reports on the pilot program.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter, as so amended, is further amended by adding at the end 
the following new item:

``5109D. Electronic processing of claims.''.

SEC. 6. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS 
              CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF 
              VETERAN.

    (a) In General.--Section 5102 is amended by added at the end the 
following new subsection:
    ``(d) Treatment of Beneficiaries as Claimants on Death of 
Veterans.--If a veteran who is a claimant dies before completing the 
submission of a claim for any benefit under a law administered by the 
Secretary, the person who would receive any accrued benefits due to the 
veteran under section 5121(a)(2) of this title shall be treated as the 
claimant for the purposes of completing the submission of the claim, 
except that such person may only submit new evidence in support of the 
claim during the 60-day period beginning on the death of the 
veteran.''.
    (b) Effective Date.--Subsection (d) of section 5102 of title 38, 
United States Code, shall apply with respect to the claim of any 
veteran who dies on or after the date of the enactment of this Act.

SEC. 7. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF 
              VETERANS BENEFITS ADMINISTRATION.

    (a) Evaluation Required.--The Secretary of Veterans Affairs shall 
enter into a contract with a private entity with experience evaluating 
quality assurance and benefits programs under which that entity shall--
            (1) conduct an evaluation of the items required to be 
        included in the annual report of the Secretary under section 
        7734 of title 38, United States Code, that were included in the 
        last such report submitted before the date of the enactment of 
        this Act, that relate to the training and performance 
        assessment programs of the Department of Veterans Affairs for 
        employees of the Veterans Benefits Administration who are 
        responsible for matters relating to compensation or pension 
        benefits under the laws administered by the Secretary; and
            (2) not later than 180 days after the date of the enactment 
        of this Act, submit to the Secretary the results of such 
        evaluation.
    (b) Submission of Results to Congress.--The Secretary shall include 
the results of the evaluation required under subsection (a) with the 
first annual report required to be submitted to Congress under section 
529 of title 38, United States Code, submitted after the date on which 
the Secretary receives such results.
    (c) Report.--Not later than 180 days after the date on which the 
Secretary submits the report referred to in subsection (b), the 
Secretary shall submit to Congress a report on any actions the 
Secretary has taken or plans to take in response to the results of the 
evaluation required under subsection (a).

SEC. 8. ELECTRONIC MONITORING OF CLAIM STATUS.

    (a) Mechanism for Electronic Monitoring Required.--Subchapter I of 
chapter 51 is amended by inserting after section 5101 the following new 
section:
``Sec. 5101A. Electronic monitoring of claim status
    ``(a) Monitoring of Claim Status.--The Secretary shall make 
available, on the Internet website of the Department, a mechanism that 
can be used by a claimant to check on the status of any claim submitted 
by that claimant. Such mechanism shall provide to the claimant--
            ``(1) if a decision has been reached with respect to such a 
        claim, notice of the decision; or
            ``(2) if no such decision has been reached, notice of--
                    ``(A) whether the application submitted by the 
                claimant is complete;
                    ``(B) whether the Secretary requires additional 
                information or evidence to process the claim;
                    ``(C) the estimated date on which a decision with 
                respect to the claim is expected to be made; and
                    ``(D) the stage at which the claim is being 
                processed as of the date on which such status is 
                checked.
    ``(b) Relationship to Other Notice Requirements.--Monitoring 
provided pursuant to subsection (a) shall not satisfy the 
responsibility of the Secretary to provide notice under section 5102, 
5103, or 5104 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
5101 the following new item:

``5101A. Electronic monitoring of claim status.''.

SEC. 9. PILOT PROGRAM ON SUBMITTAL OF CLAIMS TO ANY REGIONAL OFFICE OF 
              THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a two-year pilot program under which the Secretary 
shall permit a qualifying veteran filing a claim for benefits under a 
law administered by the Secretary to submit such claim to any regional 
office of the Department of Veterans Affairs. The Secretary shall 
promptly notify each qualifying veteran of the opportunity to 
participate in the pilot program.
    (b) Qualifying Veterans.--For the purposes of the pilot program 
under subsection (a), a qualifying veteran is a veteran who would, 
except as provided under the pilot program, be required to submit a 
claim to one of five regional offices of the Department selected by the 
Secretary based on below average performance.
    (c) Reports.--
            (1) Interim report.--Upon the selection of the Secretary of 
        five regional offices for the purposes of subsection (b), the 
        Secretary shall submit a report to Congress that lists the 
        offices selected and the Secretary's rationale for selecting 
        such offices.
            (2) Final report.--Not later than 90 days after the 
        completion of the pilot program under subsection (a), the 
        Secretary shall submit to Congress a final report on the pilot 
        program that contains the Secretary's recommendations with 
        respect to the allocation of resources among the regional 
        offices of the Department.

SEC. 10. EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM.

    (a) Fellowship Program.--Chapter 77 of title 38, United States Code 
is amended by adding at the end the following new subchapter:

       ``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM

``Sec. 7751. Executive Management Fellowship Program
    ``(a) Fellowship Program.--There is in the Department an Executive 
Management Fellowship Program. The purpose of the program shall be to 
provide eligible employees of the Veterans Benefits Administration with 
training and experience in the private sector.
    ``(b) Fellowship.--(1) A fellowship provided under this section is 
a one-year fellowship during which the eligible employee who is the 
recipient of the fellowship shall receive training at a private-sector 
entity that is engaged in the administration and delivery of benefits.
    ``(2) The Secretary shall enter into such agreements with private-
sector entities as are necessary to carry out this section.
    ``(c) Selection of Recipients.--In August of each year, the 
Secretary shall select at least six and not more than 10 eligible 
employees to receive a fellowship under this section.
    ``(d) Eligible Employees.--(1) For the purposes of this section, an 
eligible employee is an employee of the Veterans Benefits 
Administration who--
            ``(A) is compensated at a rate of basic pay not less than 
        the minimum rate of basic pay payable for grade GS-14 of the 
        General Schedule and not more than the minimum rate of basic 
        pay payable to a member of the Senior Executive Service under 
        section 5382 of title 5, United States Code;
            ``(B) enters into an agreement with the Secretary under 
        subsection (e); and
            ``(C) submits to the Secretary an application containing 
        such information and assurances as the Secretary may require.
    ``(2) For purposes of paragraph (1)(A), the term `basic pay' does 
not include any comparability payment under section 5304 of such title 
5 or any other similar payment
    ``(e) Agreements.--An agreement between the Secretary and a 
recipient of a fellowship shall be in writing, shall be signed by the 
recipient, and shall include the following provisions:
            ``(1) The Secretary's agreement--
                    ``(A) to provide the recipient with a fellowship 
                under this section; and
                    ``(B) to afford the participant the opportunity for 
                employment in the Veterans Benefits Administration 
                (subject to the availability of appropriated funds for 
                such purpose and other qualifications established in 
                accordance with section 7402 of this title).
            ``(2) The recipient's agreement--
                    ``(A) to accept the fellowship;
                    ``(B) after completion of the fellowship, to serve 
                as a full-time employee in the Veterans Benefits 
                Administration for at least two years as specified in 
                the agreement; and
                    ``(C) that, during the two-year period beginning on 
                the last day of the fellowship, the recipient will not 
                accept employment in the same industry as the industry 
                of the private entity at which the recipient accepts 
                the fellowship.
            ``(3) A provision that any financial obligation of the 
        United States arising out of an agreement entered into under 
        this chapter, and any obligation of the recipient which is 
        conditioned on such agreement, is contingent upon funds being 
        appropriated for educational assistance under this chapter.
            ``(4) A statement of the damages to which the United States 
        is entitled under this chapter for the recipient's breach of 
        the agreement.
            ``(5) Such other terms as the Secretary determines are 
        required to be included in the agreement.
    ``(f) Treatment of Recipients.--The recipient of a fellowship under 
this section shall be considered an employee of the Department for all 
purposes, including for purposes of receiving a salary and benefits, 
and shall remain eligible for all promotion and incentive programs 
otherwise available to such an employee.
    ``(g) Report to Congress.--Not later than 60 days after completing 
a fellowship under this section, a recipient shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the fellowship. Each such report shall 
describe the duties of the recipient during the fellowship and any 
recommendations of the recipient for the application of industry 
processes, technologies, and best practices. A report submitted under 
this subsection shall not be reviewable by the Secretary before being 
submitted to the Committees.''.
    (b) Deadline for Implementation.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall implement the Executive Management Fellowship Program required 
under section 7751 of title 38, United States Code, as added by 
subsection (a).
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new items:

             ``iii--executive management fellowship program

``7751. Executive Management Fellowship Program.''.
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